In Police Trial, Ruling Urges Firing of Detective in Sean Bell Case

By AL BAKER

A Police Department administrative trial has found that a New York City detective who fired his weapon during the 50-bullet fusillade that killed Sean Bell hours before his wedding five years ago did so outside of departmental guidelines, a law enforcement official said Wednesday.

After hearing evidence in the case, Deputy Commissioner Martin G. Karopkin, acting as the trial judge, ruled that the detective, Gescard F. Isnora, had acted improperly and recommended that he be fired for his actions during the shooting and for stepping outside his role as an undercover officer and thereby endangering himself and others, the official said.

As for a second officer, Michael Carey, who also faced departmental charges, Mr. Karopkin recommended that he be found not guilty of improperly firing his weapon and be allowed to stay on the force, said the official, who insisted on anonymity because the matter was continuing.

The shooting of Mr. Bell, 23, occurred early one morning in November 2006 as Mr. Bell drove with two friends away from a strip club in Jamaica, Queens, where they had been celebrating. It led to intense criticism of the tactics of undercover officers and a criminal trial of Detective Isnora and two other officers who fired at Mr. Bell; the officers were acquitted. Officer Carey and a fifth officer who took part in the shooting were not criminally charged.

Mr. Karopkin’s decision was delivered late Tuesday to lawyers for both officers and to departmental advocates who serve as prosecutors in such matters. Each side has until Dec. 15 to submit written comments on the rulings, officials said. The entire package of documents will then be delivered to Police Commissioner Raymond W. Kelly. Mr. Kelly can accept or reject the findings and impose any punishment he sees fit, officials said.

Reached on Wednesday, Philip E. Karasyk, a lawyer for Detective Isnora, declined to comment. In the departmental trial, Mr. Karasyk argued that his client’s actions were well within departmental guidelines; that assertion was backed up in testimony by a detective who trains undercover officers in the department.

Michael J. Palladino, president of the Detectives’ Endowment Association, said he strongly disagreed with Mr. Karopkin’s verdict and recommendation. “There is a penalty phase of this process, and I reserve any further comment until the penalty phase is completed,” he said.

Officer Carey’s lawyer, Stephen C. Worth, also declined to comment.

Patrick J. Lynch, the president of the Patrolmen’s Benevolent Association, said in a statement: “We are gratified that Officer Carey’s actions were found to be appropriate and hope he will be able to return to full enforcement duties. We strongly disagree with the guilty finding regarding Detective Isnora, who clearly believed he was facing an armed adversary.”

Sanford A. Rubenstein, a lawyer for the Bell estate, said that Mr. Bell’s fiancée, Nicole Paultre Bell, would address the judge’s recommendation at a news conference on Thursday in Harlem. He said Ms. Bell declined to comment until then.